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Judiciary
Burden of Proof
General principles:
Art. 117, of Q.S.O 1984 lays down general principle that any person who comes to the court and seeks its judgment dependent upon existence of the fact, then he has to prove those facts. In other words he who asserts…
Of the Exclusion of Oral Evidence by Documentary Evidence
Of the exclusion of oral evidence by Doc Evidence:
It is cardinal rule of law of evidence that the best available evidence should be brought before the court. Art 21, 75 and 102 of Q.S.O 1984 are based on this principle.
General Rule:…
Judicial Reforms in Pakistan
Judicial Reforms
Pakistan is going through the most tumultuous phase of its history. The country is facing existential threat not only from “without” but also from “within”. Besides security threat, the political system is collapsing as…
Declaratory Decree under Specific Relief Act
Declaratory Decree:
Chapter six of the Specific Relief Act 1877 deals with the declaratory decree. Section 42 provides that “any person entitled to any legal character, or to any right as to any property, may institute a suit against any…
Recovery of Possession of Immoveable Property
8 Recovery of specific Immovable property:
Section 8 provides that, “A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the Code of Civil Procedure”
Scope:
Section 8 provides a…
Procedure for Declaring Accused as Proclaimed Offender
Introduction:
Under Cr.P.C if a person does not appear before police or any criminal court, certain methods are provided for his appearance:
Before Police:
If there is any application or FIR has been registered against any person and the…
Discovery of Person Wrongfully Confined
Wrongful Confinement Defined:
Wrongful confinement means any confinement which is against the law. Generally speaking wrongful confinement means putting any person in any place without lawful authority. Under section 340 PPC wrongful…
Mode and Contents of Judgment of Criminal Court
Explain the requirements and contents of the judgment of trial court?
Judgment:
Judgment in legal parlance would mean, judicial verdict deciding a case finally so far as the court seized of the case is concerned and with its…
Duress or Coercion in Contract
Definition:
Section 15 of the Contract act, defines Coercion as“Coercion is committing or threatening to commit any act forbidden by Pakistan Penal Code or unlawful detaining or threatening to detain any property, to the prejudice of…
Remedies for Breach of Contract
Remedies for breach of contract:
Section 73 of the contract Act deals with the consequences of a breach of contract and on the basis of which compensation for any loss or damage is to be assessed by providing that when a contract has been…
Discharge of Contract by Frustration
Introduction:
The second para of section 56 Contract Act 1872 states that “A contract to do an act which after the contract is made becomes impossible, or, by reason of some event which the promisor could not prevent, becomes unlawful,…